AGREEMENT
BETWEEN THE HOLY SEE AND THE REPUBLIC OF
LITHUANIA CONCERNING JURIDICAL ASPECTS OF THE RELATIONS BETWEEN THE CATHOLIC
CHURCH AND THE STATE

The Holy See and the Republic of Lithuania,

with the aim of
establishing a juridical framework for the relations between the Catholic Church
and the Republic of Lithuania;

the Holy See, acting on the basis of the
documents of the Second Vatican Council and the norms of Canon Law and the
Republic of Lithuania, acting on the basis of the provisions of the Constitution
of the Republic of Lithuania;

having regard to a special role of the Catholic
Church, especially in strengthening the moral values of the Lithuanian nation,
as well as its historical and current contribution to the social, cultural and
educational spheres;

acknowledging that the majority of the citizens of the
Republic of Lithuania profess the Catholic Religion;

adhering to the principle of religious freedom, enshrined in international juridical instruments;

have
agreed on the following:

Article 1

1. The Holy See and the Republic of
Lithuania agree that the Catholic Church and the State shall be independent and
autonomous each within their field and, adhering to the said principle shall
co-operate closely for the spiritual and material welfare of every individual
and of society.

2. The competent authorities of the Republic of Lithuania and
the competent authorities of the Catholic Church shall co-operate in ways
acceptable to both Parties on educational, cultural, family and social issues
and, in particular, in the field of protecting public morals and human dignity.

Article 2

1. The Republic of Lithuania shall recognise the status of juridical
person for the Catholic Church.

2. All institutions of the Catholic Church in
the Republic of Lithuania, which enjoy the status of public or private juridical
persons in accordance with Canon Law, shall have the rights of a juridical
person in civil law according to the legal acts of the Republic of Lithuania.

3. In accordance with the norms of Canon Law the competent authority of the
Catholic Church may establish, change, suppress and recognise ecclesiastical
juridical persons. The competent authority of the State shall be informed of
such decisions so that the effects related thereto be registered pursuant to the
requirements of the national law.

Article 3

The Republic of Lithuania shall
guarantee the Catholic Church, its juridical and natural persons freedom to
maintain contacts and to communicate without restrictions with the Holy See and
other ecclesiastical institutions recognised by Canon Law both within Lithuania
and abroad.

Article 4

The Republic of Lithuania shall recognise the freedom of
the Catholic Church to carry out its pastoral, apostolic and charitable mission.
The Catholic Church shall pursue its social, educational and cultural activities
in accordance with Canon Law and the procedure prescribed by the laws of the
Republic of Lithuania. The Republic of Lithuania shall also recognise freedom of
the Catholic Church and its communities to perform publicly religious rites,
develop its structure, educate and offer pastoral assistance to the faithful, as
well as acknowledge the total competence of the Catholic Church in its sphere.

2. The outer borders of ecclesiastical circumscriptions in Lithuania
shall be the same as the State borders of the Republic of Lithuania.

Article 6

1. The competent authority of the Catholic Church shall have the right to
appoint freely persons to ecclesiastical offices in accordance with the norms of
Canon Law.

2. The appointment, transfer and removal from office of bishops and
those canonically equivalent to them shall be within the exclusive competence of
the Holy See.

3. Before making public the appointment of a diocesan bishop, the
Holy See shall, by courtesy only, confidentially inform the President of the
Republic of Lithuania.

4. Only citizens of the Republic of Lithuania may be
appointed bishops in Lithuania.

Article 7

1. The Republic of Lithuania shall
guarantee the freedom to profess and practise publicly the Catholic religion.

2.
The Republic of Lithuania shall guarantee respect for the sacred character of
churches and chapels, as well as buildings, territories and religious places of
worship directly related thereto, and shall defend them at the request of the
competent authority of the Catholic Church.

3. The places referred to in
paragraph 2 of this Article may be temporarily used for other purposes only for
important reasons, provided that the explicit consent of the competent
ecclesiastical authority has been given and the sacred character of these places
is respected.

4. At the request of the competent ecclesiastical authority, the
competent authorities of the Republic of Lithuania and the representatives
thereof may take safety measures in places referred to in paragraph 2 of this
Article, if such action is necessary to protect human life or health, as well as
to save property of artistic or historical value.

5. In extraordinary cases the
competent authority of the Republic of Lithuania may take safety measures in
places referred to in paragraph 2 of this Article without the prior notification
of the competent ecclesiastical authority, provided that such action is
necessary to guarantee public order and the safety of individuals, or to
preserve cultural treasures; it shall later notify the ecclesiastical authority
thereof.

6. If public religious rites, such as processions, pilgrimages, etc.,
are performed in places which are not listed in paragraph 2 of this Article,
the competent ecclesiastical authority shall notify the competent State
authority thereof, so that public order and safety may be guaranteed, in
accordance with the legal acts of the Republic of Lithuania.

Article 8

1. The
Republic of Lithuania shall guarantee the inviolability of the secrecy inherent
in sacramental confession, even when a priest is called to give witness or
intervene in judicial proceedings.

2. Upon the instigation of criminal
procedures against a member of the clergy, the relevant legal institutions, in
consideration of their pastoral responsibility for the faithful, shall inform
the competent ecclesiastical authority thereof, provided it does not negatively
affect the investigation process.

Article 9

1. Public holidays include all
Sundays and the feast-days listed below:

(a) January 1 - Solemnity of the Virgin
Mary, Mother of God, The New Year;

(b) The 2nd day of Easter;

(c) August 15
- Assumption of the Virgin Mary, Žolinė;

(d) November 1 - Solemnity of All Saints;

(e) December 25
- The Birth of the Lord, Christmas;

(f) December 26 - The 2nd day of
Christmas.

2. The Parties to the present Agreement may modify this list of
public holidays by mutual agreement.

Article 10

1. Ecclesiastical juridical
persons shall have the right to acquire, administer, use and dispose of movable
and immovable property in accordance with Canon Law and the legal acts of the
Republic of Lithuania.

2. The juridical persons listed in Article 2 of the
present Agreement, as well as churches, chapels and other sacred buildings,
parish houses, curial buildings, seminaries, religious houses and other property
belonging to the said juridical persons and used for pastoral, charitable,
social, educational and cultural purposes, shall be exempt from national
taxation.

3. The State shall exempt from taxation free-will offerings for the
Catholic Church and offerings for pastoral, educational and charitable
activities.

4. Property and income intended for purposes other than those listed
in paragraphs 2 and 3 of this Article above shall be taxed in accordance with
the procedure prescribed by the legal acts of the Republic of Lithuania.

Article
11

1. The Catholic Church shall have the right to build churches and other
buildings for ecclesiastical purposes, as well as to extend and restore those
already in existence pursuant to the procedure prescribed by the legal acts of
the Republic of Lithuania.

2. Only the local Ordinary shall decide on the
necessity of such constructions. The location for such buildings shall be chosen,
and construction works shall be carried out in accordance with the procedure
prescribed by the legal acts of the Republic of Lithuania.

Article 12

1. The
Catholic Church shall be guaranteed the right to print, publish and distribute
books, newspapers and magazines, as well as to engage in other publishing
activities related to its mission.

2. The State shall support the publishing
activities of the Church, its juridical persons and organisations in social,
cultural, educational, moral and apostolic spheres in the same way as related
publishing activities of other non-governmental organisations.

Article 13

1. A
canonical marriage will have civil effects pursuant to the legal acts of the
Republic of Lithuania from the moment of its religious celebration provided
there are no impediments to the requirements of the laws of the Republic of
Lithuania.

2. The time and manner of recording a canonical marriage in the civil
register shall be established by the competent authority of the Republic of
Lithuania, in co-ordination with the Conference of Lithuanian Bishops.

3. The
preparation for a canonical marriage shall include informing future spouses of
the teaching of the Catholic Church on the dignity of the sacrament of marriage,
its unity and indissolubility, as well as the civil effects of the marriage bond
as provided for by the laws of the Republic of Lithuania.

4. Decisions of
ecclesiastical tribunals on the nullity of marriage and decrees of the Supreme
Authority of the Church on the dissolution of the marriage bond are to be
reported to the competent authorities of the Republic of Lithuania with the aim
of regulating legal consequences of such decisions in accordance with the legal
acts of the Republic of Lithuania.

Article 14

1. The Republic of Lithuania
shall guarantee the right of the faithful to establish organisations to achieve
the aims proper to the Catholic Church and to conduct them activities. Civil
aspects of the activities of such organisations shall be regulated by the legal
acts of the Republic of Lithuania.

2. Organisations and institutions of the
faithful may use the name "Catholic" in their title only on receiving the
written consent of the competent ecclesiastical authority.

3. The State shall
support such organisations of the faithful and shall promote co-operation on
issues of mutual concern, on the same basis as other non-governmental
organisations.

Article 15

1. The Republic of Lithuania shall recognise and
guarantee the Catholic Church the right to offer pastoral care in hospitals,
orphanages, other establishments for health and social care and imprisonment
establishments.

2. The pastoral ministry in State and municipal establishments
shall be regulated by an agreement between the competent authorities of the
Catholic Church and the competent authorities of the Republic of Lithuania.

3.
Members of the clergy assigned to work in the establishments referred to in
paragraph 1 of this Article shall be appointed and recalled by decree of the
local Ordinary.

Article 16

1. Pursuant to the procedure prescribed by the legal
acts of the Republic of Lithuania the Catholic Church may establish institutions
for charitable and social work.

2. The activities and maintenance of the
institutions of a charitable or social character of the Catholic Church shall be
regulated in accordance with their statutes and the legal acts of the Republic
of Lithuania; they shall have the same rights and duties as other institutions
established for similar purposes.

3. The Catholic Church and the Republic of
Lithuania shall promote co-operation between their charitable and social
institutions.

4. Pursuant to the-procedure prescribed by legal acts, the
Republic of Lithuania shall render ,appropriate material assistance to the
institutions of a charitable and social character of the Catholic Church which
promote public welfare.

Article 17

A Mixed Commission comprised of
representatives of both Parties shall be set up for the implementation of the
provisions of the present Agreement.

Article 18

Should any divergences arise in
the future concerning the interpretation or implementation of this Agreement,
the Parties will proceed by common accord to an amicable solution.

Article 19

This Agreement shall enter into force from the moment of reciprocal notification
of the fulfilment by the Parties of the procedures necessary for its entrance
into force.

Done in Vilnius on 5 May 2000 in two copies in English and
Lithuanian, both texts being of equal force.